COUNTY WATER AND SEWER DISTRICTS 

Frequently Asked Questions 

1. How are County Water and Sewer Districts formed?

County Water and Sewer Districts are typically formed in two different ways:

1. By petition executed by the municipality’s chief executive officer or a least 25 owners of taxable real property situated within such municipality.
2. By permissive referendum whereby the residents within an area included in the proposed county district, and further that the number of signatures on the petition shall be 100 or five percent of the owners of taxable real property, whichever is less.

Article 5-A of County Law in New York State covers this in complete detail. 

2. What serves as the basis for County Water or Sewer District formation?

An engineering report typically entitled a “Map, Plan, and Report” serves as the basis for district formation.  Examples of items included in this document are as follows:

1. The boundaries of the area or areas which shall be considered benefited by the formation of the district
2. A description of the area or areas sufficient to permit definite and conclusive identification of all properties included therein
3. The proposed location of all facilities (ex: pipelines, pump stations, tanks, hydrants, etc.)
4. Estimates of cost of construction, procurement, and installation; administration; testing, monitoring, and modifications; operation and maintenance; treatment
5. Method or methods of financing
6. Establishment of zones of assessment, if appropriate and detailed explanation of allocation of costs to each zone
    

3. Can County Water and Sewer Districts be amended?

Yes.  The Map, Plan, and Report must be amended and approved by the appropriate NYS reviewing authority and a public hearing must be held. 

4. How is the public informed?

Upon acceptance of the Map, Plan, and Report by the County Board of Supervisors, a public hearing is scheduled.  The notice of public hearing shall include, among other items, the following:

1. Description of the area or areas to be included within the proposed district
2. The improvements proposed
3. The maximum amount to be expended for the improvement(s)
4. The estimated cost of hook-up fees, if any
5. The cost of the district to the typical property
6. The proposed method of assessment of the cost
    

5. How are the costs associated with the district assessed?

The expense of establishment of the district, planning and construction of its facilities, operation and maintenance, debt service, and any modifications, extensions, or other improvements shall be assessed, levied, and collected from the parcels of land within the district.

 Fulton County Water District No. 1 

 County water districts in New York State are governed by New York State Law, Article 5-A.  (County sewer districts area also covered under this same Article.)  Fulton County Water District No. 1 (the District) was established in 2005.  Fulton County established the District for the sole purpose of providing municipal drinking water to Fulton-Montgomery Community College, the Fulton County Airport, and the Hamilton-Fulton-Montgomery County BOCES facility adjacent to FMCC.   

• The District was created and established by the formal submission and approval of a “Map, Plan, and Report” to the New York State Departments of Environmental Conservation (DEC), Health (DOH), and Audit and Control.
• The Map, Plan, and Report specifically describe and layout the boundary of the District.  The District, in this case, is a non-contiguous area containing three separate parcels.  The three parcels are as follows:
  • Fulton County Airport
  • FMCC Campus
  • HFM BOCES

             It should be noted that the Map, Plan, and Report specifically discusses the future addition of water users at the Fulton County
            Airport. 

• A portion of the FMCC facility is situated in Montgomery County.  According to NYS Law, Article 5-A, a county cannot create a water district which incorporates lands lying within another county.  Therefore, the portion of FMCC lying in Montgomery County is not included within the boundaries of the District.  However, the county can sell excess capacity and facilities to serve that portion of FMCC lying in Montgomery County.

• Fulton County and the City of Johnstown entered into a Water Supply Agreement in 2005.  The Agreement describes the terms under which the County has agreed to purchase water from the City.  The City shall supply water to the District in an amount not to exceed 40,000 gallons per day (gpd) on a 30 day average.  The current average water supply to the District is approximately 16,000 gpd.
• The District owns and maintains a booster pump station, pipeline, and elevated tank as facilities to deliver water to its customers.  The City delivers water to the District through a pipeline located along S. Comrie Ave. near the intersection of Fon Clair St.  The pipeline is connected to the District’s booster pump station.  Inside the pump station is a master meter.  All water delivered to the District is metered at the master meter and billed on a monthly basis by the City.  The District is responsible for all operation and maintenance of its facilities including the metering and billing of its customers. 
• The City charges the District its standard “outside user” rate for the water.  Outside user is defined as any water customer located outside the city limits.  Currently, the City water rate is $2.48 per 100 cubic feet (748 gallons).  The outside user rate is twice that amount or $4.96 per 100 cubic feet.  The City does not charge the District any other fees for the supply of water.  The City does not provide any operation or maintenance service for the District, other than technical assistance from time to time.